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  • Titill er á ensku Problems Relating to the Inadequate Enforcement of MARPOL 73/78
  • Meistara
  • Útdráttur er á ensku

    This thesis aims to identify the problems contributing to inadequate enforcement of the MARPOL 73/78 Annexes through addressing the substantive rules and drawing on examples of State Practice to see how these rules are enforced in practice. MARPOL 73/78 and its annexes aim to prevent and control marine pollution from the shipping industry. The rules within six technical Annexes to MARPOL 73/78 provide clear framework in order to limit the impacts of vessel source pollution. However, inadequate enforcement has resulted in MARPOL falling short of reaching the full potential of the intended objectives. Flag State enforcement is vital in upholding MARPOL standards and yet has been a barrier to adequate enforcement. The State examples included in this thesis are the UK and Australia as well as Liberia where, arguably, the enforcement of MARPOL does not go far enough to reach MARPOL objectives and the USA where it can be argued the enforcement levels have gone beyond what is required. Therefore, these States give a good cross-section of differing levels of domestic enforcement of MARPOL. Due to the lack of adequate Flag State enforcement, greater pressure has been put on the Port State to enforce MARPOL rules on visiting vessels through Port inspections as well as the Coastal State in protecting their waters from MARPOL violations. With the increase in the adoption of Flags of Convenience, the cost of port reception facilities, the falsification of pollution data and the disparities as to penalties for violations of MARPOL, this thesis will examine how these problems are contributing to inadequate enforcement of each MARPOL Annex.

  • 5.1.2021

Skráarnafn Stærð AðgangurLýsingSkráartegund 
LLM Final Thesis .pdf947.98 kBOpinnHeildartextiPDFSkoða/Opna
Declaration of Access.pdf182.34 kBLokaðurYfirlýsingPDF